986 F.

2d 1431
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.

UNITED STATES of America, Plaintiff-Appellee,

v.
Jamie Caraveo PEREZ, Defendant-Appellant.
No. 93-8008.

United States Court of Appeals, Tenth Circuit.

Feb. 25, 1993.

Before McKAY, Chief Judge, and LOGAN and STEPHEN H.

ANDERSON, Circuit Judges.
ORDER AND JUDGMENT*
PER CURIAM.

After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore
ordered submitted without oral argument.

Defendant-appellant Jamie Caraveo Perez appeals from an order of the district

court granting the government's motion to revoke defendant's release on bail
pending trial. We affirm.

Defendant was charged in a two-count indictment in Wyoming with conspiracy

to possess marijuana with intent to distribute and aiding and abetting possession
with intent to distribute marijuana. Defendant was arrested in California and
was released on bail. He reported as ordered to the United States District Court
for the District of Wyoming and pled not guilty to both charges. The

government then filed a motion to revoke defendant's bail pursuant to 18 U.S.C.

3145(a)(1), 3142(f). The district court, holding that defendant was a flight
risk, granted the motion and ordered defendant detained.
4

Under section 3142(e), upon a finding of probable cause that the defendant has
committed a federal drug offense carrying a maximum prison term of ten years
or more, a rebuttable presumption arises that no conditions of release will
assure defendant's appearance and the safety of the community. Once the
presumption is invoked, the burden of production shifts to the defendant.
However, the burden of persuasion regarding risk-of-flight and danger to the
community always remains with the government. The defendant's burden of
production is not heavy, but some evidence must be produced. Even if a
defendant's burden of production is met, the presumption remains a factor for
consideration by the district court in determining whether to release or detain.

United States v. Stricklin, 932 F.2d 1353, 1354-55 (10th Cir.1991).

Our "review of detention or release orders is plenary as to mixed questions of

law and fact and independent, with due deference to the district court's purely
factual findings." Id.

The district court, citing the indictment and the fact that a search of defendant's
residence at the time of his arrest yielded twenty-six pounds of marijuana,
firearms, and $55,000 in cash, found probable cause to believe that defendant
had committed the charged offenses which carry a maximum prison term of ten
years or more. District Court Order at 3. Defendant does not contest this
determination. The 3142 presumption was properly invoked.

Defendant presented evidence that he had met all bail conditions in California,
posted the monetary bond required, appeared at every required court
appearance, cooperated fully with pretrial service offices in both states, retained
counsel immediately, and sought no delay or special treatment. Defendant has
no record of past criminal conduct involving marijuana.

The district court determined the government met its burden of persuasion by
the following: (1) defendant is not a United States citizen; (2) defendant is in
possession of an apparently fraudulent green card which does not represent his
correct status because, while the card contains defendant's picture, the number
was issued to a person coming to this country from China; and (3) defendant's
application for amnesty was denied and is now on appeal. If affirmed,
defendant will be subject to immediate deportation as an illegal alien. The court

also found defendant has the apparent financial means or, at least, access to
finances through loans to enable him to flee.
10

At the hearing on the government's motion, the district court also noted that
while defendant had a substantial cut in reported income according to his tax
returns, he had paid off substantial indebtedness. Further, defendant had
obtained loans from other persons totalling about $16,000.00. The court stated
that defendant

11here by virtue of illegal entry. He is not a citizen of the United States. He is

is
confronting a prison sentence with the possibility ... after serving any prison
sentence, ... of having to be deported to Mexico, ... and it seems to me that that
situation creates an incentive or motive on his part to depart.
12

Appellant's Br., ex. C. at 22-23.

13

We agree that the government met its burden of persuasion. The order of the
United States District Court for the District of Wyoming is AFFIRMED.

This order and judgment has no precedential value and shall not be cited, or
used by any court within the Tenth Circuit, except for purposes of establishing
the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
Cir.R. 36.3